News & Commentary

RH Reality, a daily publication providing news, commentary, and analysis on reproductive health and reproductive justice issues, just published a podcast that tackles the explosion of the so-called religious freedom bills that have been popping up all over the country. This podcast might be of particular interest to those of us here in Maine because, during this legislation session, we’re facing with a Religious Freedom Restoration Act (RFRA) of our own.

Earlier today, President Obama signed an executive order to protect lesbian, gay, bisexual and transgender people from workplace discrimination at businesses that contract with the federal government. This was not unexpected, but it is still well worth noting, especially in the context of the blog I posted last week.

On Tuesday, Congressional Democrats said that they have created legislation that would override the disappointing June 30 SCOTUS decision on the contraceptive mandate. The Protect Women's Health from Corporate Interference Act, drafted in consultation with the Obama administration, is meant to ensure that working women have access to insurance coverage for contraceptive care, even if they are employed with for-profit companies whose owners have religious objections to birth control.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation.

Yesterday, The Supreme Court heard approximately 90 minutes of arguments in the combined "contraceptive mandate" cases, Sebelius v. Hobby Lobby Stores, Inc and Conestoga Wood Specialities Corp. vs. Sebelius. Two for-profit, private businesses, Hobby Lobby and Conestoga Wood Specialities, were given the chance to justify their claim that their businesses should be exempted from the ACA's mandate addressing these cases, it’s important to note that the federal government makes an allowances for religious groups and institutions – they are not asked to provide health insurance plans with no-cost contraceptive coverage. The federal Religious Freedom Restoration Act (RFRA), passed by Congress in 1993, made space for these exemptions. Because of RFRA, religious institutions cannot be forced to comply with federal laws that would substantially burden their religious practices. While the CEOs of Hobby Lobby and Conestoga Woods both profess a profound attachment to their religions, neither of their businesses are religious organizations. These cases bring to light two main questions. Can a private, profit-making corporation “exercise” religion? And, if they can exercise religion, can they be protected from government interference? Several different issues are wrapped up in these questions – corporate personhood; reproductive rights; and freedom to exercise religion. 

Earlier this week, both the Maine State Senate and House voted down LD 1428, a bill that would have authorized discrimination in the name of religion. The so-called "religious freedom" bill actually had little to do with religious freedom, which the ACLU of Maine has a long (and successful) history of defending, but would have created a gaping exemption to the Maine Human Rights Act. We testified against the bill last month, along side our partners in the Religious Coalition Against Discrimination, the LGBT Coalition, the Coalition for Maine Women, the Choice Coalition, and many more. You can read our testimony here.

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation.

Freedom of religion is a fundamental right, one the ACLU will always fight for. It is protected by the constitutions of Maine and the United States. The Maine Human Rights Act explicitly protects people against discrimination based on their religion. And there are 13 individual statutes in Maine law that protect religious freedom. 

Today we sent a letter to school administrators in Biddeford reminding them that proselytizing in public schools is unconstitutional.